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Last updated Sun, 25 Jul 2010 21:49
Berkshire Lending, LLC Updated: 01/06/2011
S.A.F.E. Act Policy Secure and Fair Enforcement for Mortgage Licensing Act It is the policy of Berkshire Lending to comply with the interagency rules implementing the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (S.A.F.E. Act, 12 CFR 365, FDIC). All consumer purpose loans secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling are subject to this act. This includes junior liens, home equity lines of credit and construction loans as well as purchase loans, refinances and reverse mortgages. Modifications and refinancing can be covered depending upon the actual transaction; if the individual undertakes activities of a mortgage loan originator, then the modification or refinancing will be covered by the S.A.F.E. Act. Commercial loans are not subject to the S.A.F.E. Act. The Director of Licensing and Compliance will manage the compliance with the S.A.F.E. Act. The Director ensure that all employees who must be registered as Mortgage Loan Originators (MLOs) are properly licensed and such licenses are renewed properly while that individual is an employee of Berkshire Lending. The Director of Licensing and Compliance must also: • Identify all employees who meet the definition of Mortgage Loan Originator (MLO) • Develop procedures for S.A.F.E. Act compliance including processing of background checks on new hires for MLO positions; • License Berkshire Lending with the Nationwide Mortgage Licensing System and Registry (Registry) according to procedures established by the Registry and state regulators • License all MLOs employed by the Berkshire Lending after processing background checks, and • Monitor for changes to personal data (change of address, etc), submitting such changes to the Registry. The Director of Licensing and Compliance is authorized to designate employees of the Berkshire Lending, who may not act as MLOs, to assist with data entry of Berkshire Lending and MLO information to the Registry and monitor for changes. Mortgage Loan Originator means an individual who: • Takes a residential mortgage loan application, and • Offers or negotiates terms of a residential mortgage loan for compensation or gain. MLO does not include: • An individual who performs purely administrative or clerical tasks on behalf of a MLO, or